No. 37589 (New Rule): Rule R392-103. Food Handler Training and Certificate

(New Rule)

DAR File No.: 37589
Filed: 05/02/2013 04:42:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule has been written in response to S.B. 187 "Food Handler Licensing Amendments" passed in the 2013 General Legislative Session. This bill outlines food handler training and certificate requirements, sets uniform standards that must be met, and provides for uniform acceptance of food handler permits statewide. This rule will serve to clarify the minimum food handler training and certification requirements required by statute and outlines the uniform process food handlers are to follow to receive training and to be eligible to receive a food handler permit from the local health departments. Extensive consultation has taken place with regulated entities and local health departments.

Summary of the rule or change:

The rule establishes the: 1) purpose; 2) requirements to be met to become an approved food handler training provider; 3) requirements for issuing of food handler permits, and acceptance statewide by the local health departments; 4) course training and testing requirements; and 5) auditing and other administrative requirements.

State statutory or constitutional authorization for this rule:

• Section 26-15-5
• Subsection 26-1-30(2)
• Subsection 26A-1-114(1)(h)

Anticipated cost or savings to:

the state budget:

There will be an increase in workload at the Department to administer this program, but the costs will be covered by existing funding.

local governments:

There may be a reduction in fees received for training at some local health departments as private food handler training programs replace training which has been provided by local health departments. Fees received for issuing of food handler permits should remain neutral, if not lower, as the renewal frequency has been uniformly set at three years, where the frequency previously varied.

small businesses:

There is a potential for small businesses to increase their revenue from training as they compete in the new market authorized by this rule. Although the statute and rule do not require that a provider use their own test, there will be a cost of no more than $500 paid to the Department every three years for costs associated with the approval of their own test if the provider chooses this option. Additionally per statute they also must cover the recommendation costs of an "Independent Instructional Design and Testing Expert". There is no cost required to use the Department provided test, but applicants must sign a confidentiality agreement.

persons other than small businesses, businesses, or local governmental entities:

There is potential for large businesses to increase their revenue from training as they compete in the new market authorized by this rule. Although the statute and rule do not require that a provider use their own test, there will be a cost of no more than $500 paid to the Department every three years for costs associated with the approval of their own test if the provider chooses this option. Additionally per statute they also must cover the recommendation costs of an "Independent Instructional Design and Testing Expert". There is no cost required to use the Department provided test, but applicants must sign a confidentiality agreement.

Compliance costs for affected persons:

The implementation of this rule will mean a shift in financial streams for all parties currently involved in food handler training and certification as it is anticipated that the private industry market portion will increase for the training required. The costs for training will be market driven and not restrained or mandated by this rule. Costs to individuals for issuance of food handler permits should be relatively unchanged.

Comments by the department head on the fiscal impact the rule may have on businesses:

This may have the effect of shifting some portion of the training from current providers to large corporate in-house training.

David Patton, PhD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Disease Control and Prevention, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2013

This rule may become effective on:

07/08/2013

Authorized by:

David Patton, Executive Director

RULE TEXT

R392. Health, Disease Control and Prevention, Environmental Services.

R392-103. Food Handler Training and Certificate.

R392-103-1. Purpose.

(1) This rule requires that food handler training, testing, issuing of a food handler certificate, and fees follow uniform statewide standards.

(2) The Centers for Disease Control and Prevention has identified five risk factors associated with food-borne illness outbreaks. Four of the five risk factors result from improper handling of food by food handlers or poor personal hygiene of food handlers.

(3) Proper training allows food handlers the ability to apply the knowledge gained to prevent food-borne diseases. Testing of food handlers confirms that knowledge of correct food handling techniques was gained. A food handler permit that is recognized statewide provides a tool for the Department to verify that food handlers have received state approved training and testing.

(4) State and local monitoring of this process is critical to protect the public. Coordination between this process and inspection of regulated facilities is necessary to quickly and effectively respond to identified risks. Recognizing the essential work of state and local public health officials, with accountability to state and local elected officials, maintains control and responsiveness to public health concerns.

 

R392-103-2. Definitions.

(1) "Department" means the Utah Department of Health.

(2) "Executive Director" means the Executive Director of the Utah Department of Health or designated representative.

(3) "Food Handler" means a person who works with unpackaged food, food equipment or utensil, or food-contact surfaces for a food service establishment as defined in R392-100.

(4) "Food Handler Permit" means a permit issued by a local health department to allow a person to work as a food handler.

(5) "Food Handler Certificate" means the documentation of a certificate of completion of food handler training indicating passing of a Department approved exam before a food handler permit is issued.

(6) "Independent Instructional Design and Testing Expert" means a person who has received training and has a graduate degree from an accredited University with a certification in psychometrics and expertise in Instructional Design.

(7) "Local Health Officer" means the director of the jurisdictional local health department as defined in 26A, Chapter 1, or his designated representative.

(8) "Approved Food Handler Training Provider" means an entity that provides a food handler training program approved by the Utah Department of Health.

 

R392-103-3. Food Handler Permit Issuing Procedure, Reciprocity, and Renewal.

(1) A food handler must have a valid food handler permit issued by a local health officer in the local health district where the food handler resides at the time the certificate is issued. The local health officer shall issue a food handler permit by mail or in person to a food handler that has a valid certificate indicating they have taken a course and passed an exam from an approved food handler training provider unless R392-103-4(1)(a) or (b) applies.

(2) After a food handler applicant passes a Department approved exam, an approved food handler training provider shall issue a food handler a certificate of completion and transmit electronically or by mail notification of the certificate to the local health department where the applicant resides. To inhibit fraud, each certificate issued shall be uniquely numbered by the food handler training provider using their own numbering system. The certificate shall contain the name of the person to whom the certificate is issued, the date of issuing, and also list the food handler training provider who issued the certificate. The certificate shall be valid for 30 days toward getting a food handler permit and shall be valid statewide as proof of training and testing allowing the person to work as a food handler for 30 days from the initial date of employment. The food handler applicant must have a food handler permit within 30 days of the date of initial employment.

(3) The approved food handler training provider shall send notification to the local health department where an applicant resides that a certificate has been issued. This notification must take place within 5 business days after the applicant passes the exam. The local health department may use this information at any time to verify that an applicant has received a certificate from an approved food handler training provider.

(4) Local health departments shall accept food handler permits issued under authority of this rule until the date of expiration, revocation, or suspension of the food handler permit.

(5) A person may obtain a food handler permit by providing to the local health department a valid certificate of completion of an approved food handler training program, completing a local health department approved application either through the food handler training provider or at a local health department, and paying a food handler permit fee. The fee for the permit shall be no more than $15 and shall be uniform statewide.

(6) Food handler permits issued shall contain the following information:

(a) "Utah Food Handler Permit" as the title;

(b) Name of the food handler;

(c) Expiration Date;

(d) Identification number which begins with a two letter unique identifier of the training provider and up to 6 characters following the two letter identifier;

(e) Name of health department who issued the permit;

(f) "This Permit is Not a Legal Form of Identification" stated at the bottom of the permit;

(g) Utah State seal; and

(h) On the back of the permit, the following information must be presented:

(i) Permit must be presented upon request by the health authority;

(ii) Permit may be revoked for cause; and

(iii) No other food handler permit is approved in the State of Utah.

(7) Except when Subsections R392-103-3(11) through (13) apply, a food handler must possess a valid food handler permit issued by a local health officer before being allowed to handle food served to the public.

(8) With the exception of temporary events, food service establishments shall have a copy of the food handler permit of each employee that works in the establishment available upon request of the local health department inspector. If the food handler is working at a temporary event, at least one person must have a food handler permit to show to the health authority, if asked, but does not have to have a copy of the permit in an establishment file.

(9) Food handler permits shall be valid for 3 years from the date of issuance. Food handler permits must be renewed every 3 years by completing an approved food handler training course, passing an exam administered by an approved food handler training provider, and receiving a food handler permit from the local health department.

(10) Food Service employees must successfully complete a training course within 14 days after the day on which the person begins employment, unless they already have a current certificate or food handler permit, and shall not handle food until they have received a certificate of completion qualifying them for a food handler permit.

(11) The local health officer shall accept a food handler permit issued to a back country outfitter by the United States Department of the Interior, or by a public health authority in Arizona, Colorado, Idaho, Nevada, or Wyoming. This applies only to food handling done at a back country food establishment that meets the exemption requirements of Section 26-15a-105(1)(i).

(12) A person working as a food handler for a food service establishment shall obtain a food handler permit no later than seven days after the expiration of an existing food handler permit.

(13) An individual certified as a food safety manager under R392-101 shall be exempt from the requirement of obtaining a food handler permit under this section.

 

R392-103-4. Suspension or Revocation of Food Handler Permits.

(1) The local health officer may revoke or suspend a food handler permit if:

(a) A food handler is ill with a disease that may be transmitted through the handling of food or,

(b) If two or more inspections within two years document that the same food handler has at least twice failed to apply the same learning objective listed in R392-103-5 or,

(c) A food handler shows willful disregard to food safety that has the potential to endanger the public.

(2) The local health department may confiscate any food handler permit which cannot be authenticated by a local health department, or that has been revoked or suspended.

(3) A food handler may re-apply to a local health department for reinstatement of a food handler permit by requesting a hearing with the local health department and demonstrating to the local health department to their satisfaction why the permit should be reinstated.

 

R392-103-5. Food Handler Training Requirements.

(1) A food handler training provider must receive approval from the Department before offering training to food handlers in the state. A food handler training provider must provide basic instruction focused on Utah Rule R392-100 (which incorporates the FDA national model food code standard), shall include at least 75 minutes of training time offered either in an internet based course or trainer led course or a combination of both, and shall contain basic training information regarding the Centers for Disease Control top five risk factors associated with food-borne illness outbreaks including the bulleted learning objectives as listed below (a) through (d):

(a) Proper hot or cold holding temperatures of food which requires time or temperature control for safety;

List the temperature danger zone.

Describe the correct procedure for holding cold foods and hot foods, receiving foods, and proper date and time marking.

List the appropriate temperatures for refrigerators, freezers and steam tables.

Identify the hazards of leaving potentially hazardous foods (foods that require time or temperature controls for safety, TCS) at room temperature.

Define potentially hazardous foods (foods that require time or temperature controls for safety, TCS).

List the population groups that are the most vulnerable to food-borne illness.

Discuss how bacterial growth occurs in food.

Identify the most common causes of food-borne illness.

List sources of microbes.

(b) Proper cooking, reheating, and cooling temperatures of food;

List the required final cook temperatures for foods.

List the final temperature for reheating leftovers.

Describe the relationship between cooking time and temperature in killing microorganisms.

Describe the steps used to cool food rapidly.

Describe the proper procedure to thaw frozen foods.

(c) Control of dirty or contaminated utensils and equipment including prevention of cross contamination and proper ware washing and sanitizing;

Discuss how a food handler might contaminate food.

Define cross-contamination.

List the possible sources of cross-contamination when handling food.

Identify the steps to prevent cross-contamination.

Stress the importance of eliminating bare-hand contact with ready-to-eat food through utensils or gloving.

Define cleaning and sanitizing and correct procedures for each.

Identify the chemicals that can be used to clean and sanitize food-contact surfaces.

Describe the correct concentration of cleaning and sanitizing solutions used on food-contact surfaces and how to test the concentrations.

Identify when surfaces should be cleaned and sanitized.

Describe the correct procedures to use and store chemicals.

Describe the 3-sink method of cleaning and sanitizing pots and pans and how to correctly dry dishes.

Describe the correct procedure for cleaning and sanitizing using a dish machine.

Proper cleaning and sanitizing steps.

Describe the correct procedures for storing dishes and utensils.

Describe the correct procedures to handle trash and garbage.

(d) Employee health and hygiene requirements including food-borne illness prevention training, and using food from only approved sources;

List the personal hygiene practices that the food handler can take to prevent food contamination.

Describe the steps necessary for proper hand washing and when a double hand wash is required.

Describe how hands become contaminated and when and where hand washing should occur.

List appropriate clothing and hair restraints.

List the five major food borne illness diseases and symptoms that must be reported to the manager.

Describe the correct procedures to prevent food-borne illness from a cut, burn or other wound.

Describe under what conditions an employee may eat, drink or use any form of tobacco and the precautions to take after these activities.

Define a food-borne illness.

State how often a food handler permit has to be renewed.

Define approved source of food and what sources are and are not approved.

(2) An approved food handler training provider shall add training objectives and topics which the Department identifies by rule as being a cause of a food-borne illness outbreak or serious threat to the health of food service facility patrons.

(3) Each time a food handler permit is renewed, the food handler must take a training course from an approved food handler training provider before they may take a food handler exam.

(4) A person may not serve as an instructor of an approved food handler training program unless the person is registered with a local health department as an instructor.

(5) An approved food handler training provider must maintain a list of past and current trainers registered with a local health department denoting the dates the trainer taught food handler courses. The trainer list must be available for audit by the Department. On-line trainers must maintain a list of which course version is taught on-line by date.

(6) An approved food handler training provider must maintain a system to verify a certificate of completion upon request of the Department, or local health department, or food service establishment where the food handler is employed.

(7) An approved food handler training provider may charge a reasonable fee. An approved food handler training provider may collect both the training fee and food handler permit fee at the same time from the applicant when the applicant initially pays for the training course.

(8) A food handler training provider may not advertise to the public or represent to the public that they offer approved food handler training programs which will allow individuals to obtain a food handler permit in the state if they are not approved by the Department.

 

R392-103-6. Examination Requirements.

(1) An approved food handler training provider shall use the bank of food handler exam questions issued by the Department and obtained through application to the Department, or a Department approved set of questions as approved in R392-103-6(2). Exams must contain 40 multiple choice questions with 10 randomly selected questions from each category listed in R392-103-5 (a) through (d). An approved food handler training provider must routinely rotate exam questions from the exam question bank, the order of exam questions, and the answer order of the multiple choice questions.

(2) If a food handler training provider elects not to use the Department issued questions, the food handler training provider may request approval of a different bank of exam questions. For approval, the food handler training provider shall pay to the Department a fee to review the exam questions. The fee shall reflect actual costs, but shall not exceed $500. The food handler training provider shall also submit to the Department the proposed bank of at least 200 exam questions organized by the required learning objectives listed in this rule with at least 25 questions from each objective. In addition, the food handler training provider shall contract, at their own expense, with a Department approved independent instructional design and testing expert to evaluate the proposed bank of exam questions. The independent instructional design and testing expert shall analyze a food handler training provider's bank of exam questions to determine if the exam questions effectively measure the applicant's knowledge of the learning objectives outlined in this rule and meet the appropriate testing standards for question structure. To be approved, the independent instructional design and testing expert must provide the Department with a positive recommendation based on their analysis. The Department must approve any change in the provider offered bank of exam questions before implementation. Exam approval is good for three years, after which a provider must re-apply for exam approval.

(3) The Department may require changes to the exam questions if the Department finds that the questions inadequately test the learning objectives. An approved food handler training provider shall update the exam questions used within thirty (30) days of written notice of the change.

(4) A person taking a food handler exam must answer at least 75% of the questions correctly to pass the examination to be eligible to receive a food handler permit.

(5) A food handler examination offered by an approved food handler training provider may be written, oral, or on-line. Oral exams may be conducted individually when circumstances require it such as when an applicant's language or reading abilities interfere with taking a written or an on-line exam.

(6) An approved food handler training provider shall implement procedures to ensure that cheating on examinations does not take place. An approved food handler training provider shall ensure that exams are protected from being compromised, protected from unauthorized access, and available to candidates only during exam time.

(7) An approved food handler training provider shall routinely randomize the exam question order.

(8) An approved food handler training provider shall inform persons taking a food handler course, at the beginning of the course, that downloading exams onto a flash drive or other portable electronic devices or distribution of any exam by the individual in any way to other persons is strictly prohibited. An approved food handler training provider shall also notify persons taking a food handler exam that note taking, use of a cell phone or other recording device, talking to or receiving aid to answer questions from another person during the exam process is strictly prohibited. Violation of the exam security requirements shall invalidate the certificates of completion of all those involved, and a training provider shall report violations to the local health department. A provider shall not issue a certificate of completion to those involved in violation of on-line exam security unless the next successfully completed exam is proctored.

(9) An approved food handler training provider must maintain records of each candidate's name, address of residence including street, city, county and zip code, date of birth, gender, date of examination, pass or fail certificate status, and name of instructor for at least three years and provide this to the local health department within the jurisdiction that the applicant resides. The provider shall send this information to the local health department within whose jurisdiction the applicant resides within 5 business days as required in R392-103-3(1).

(10) An approved food handler training provider shall offer a course evaluation to persons taking approved courses and exams.

(11) An approved food handler training provider must implement procedures to prevent the duplication of certificates of completion.

(12) An approved food handler training provider who offers exams in person either written or on a computer at the facility must proctor the exam. An approved food handler training provider shall require a person taking a course and exam to provide a signature attesting that the person has complied with exam requirements.

(13) An approved food handler training provider who offers exams on line must implement procedures to reasonably inhibit fraudulent attempts to circumvent the food handler training and exam requirements in this rule such as a person taking an exam in place of another person, and procedures to reasonably ensure an individual taking an approved course and exam is focused on training materials and actively engaged throughout the training period.

(14) An approved internet based food handler training provider's exam offered over the internet shall meet the following exam protocols:

(a) An approved internet based food handler training provider shall submit documentation to the Department on initial approval, audit, or by request regarding the security measures taken to inhibit fraud. Exam protocols will be evaluated by the Department or local health department during the approval process and may be audited by the Department at any time to determine if the protocols are preventing fraudulent activities.

(b) An approved internet based food handler training provider shall require a food handler applicant to provide all applicant information required by this rule and shall electronically link the information to the exam before the exam may be offered. An approved internet based food handler training provider administrator shall document any repeat taking of the exam and shall require a food handler applicant to retake a food handler training course after no more than three failed attempts to pass the exam.

(c) The start and end time of the exam shall be logged.

(d) An approved internet based food handler training provider shall track the Internet Protocol address or similar electronic location of an individual who takes an on-line course and exam.

(e) An approved internet based food handler training provider shall present pre-exams at the end of each learning section and at a minimum of four pre-exams per course. The pre-exams must be completed at a 75% correct rate before allowing a person to the next section. All pre-exams must contain a minimum of four questions and be completed before allowing the exam to be provided to a person.

(f) An approved internet based food handler training provider shall provide technical support to users by way of the internet, phone, or other method in case technical difficulties occur.

(g) An approved internet based food handler training provider shall require persons taking a course and exam to provide an electronic signature attesting that the person has complied with exam requirements.

(15) An approved internet based food handler training provider must monitor exam protocols and periodically (at a minimum of monthly), perform a self-review to assess that the system is working and to ensure that each exam meets exam protocols before issuing a certificate of completion. Any instance of suspected violation of exam protocols must be reported to the local health department where the applicant resides.

 

R392-103-7. Food Handler Training Provider Approval, and Auditing.

(1) An approved food handler training provider must offer both training and testing to be approved by the Department in consultation with the local health department before they may offer food handler training and testing in the state.

(2) An approved food handler training provider that has been approved by the Department or a local health department before the effective date of this rule may continue to provide food handler training and testing for 90 days from the effective date of this rule. After 90 days, all food handler training providers must be re-approved by the Department according to the requirements of this rule to continue operating in the state.

(3) As part of the approval process, the Department or local health department designee shall provide prospective food handler training providers a copy of this rule. Food handler training providers must sign an affidavit provided by the Department that states the provider will comply with the requirements of this rule and shall abide by confidentiality agreements if the provider chooses to use the Department provided exam. A food handler provider must present to the Department a summary of how the training program meets the training objectives contained in R392-103-5.

(4) A food handler training provider shall be open to audit during the initial approval process and also during any subsequent audits to Department authentication of the following information:

(a) Any documents used in the food handler training, and

(b) Identity of instructors and providers.

(5) A food handler training provider must submit an application for re-approval to the Department every three years. The food handler training provider shall follow the requirements of R392-103-7 to apply for re-approval.

(6) A food handler training provider is subject to Department audit to determine compliance with this rule. A food handler training provider shall allow the Department unrestricted access to provider course training and testing materials, provide unrestricted on-line access to training sites, and unrestricted access to classroom training sessions. The Department may conduct audits either at random or on a complaint basis to determine compliance with the requirements of this rule.

(7) If the Department finds that an approved food handler training provider is non-compliant during an audit, the Department shall revoke the registration and the food handler training provider shall cease offering training classes and food handler certificates until the Department mandated corrective action is taken to correct the violation. Until the violation is corrected, certificates issued by this food handler training provider shall not be accepted for the issuing of food handler permits by the local health officer from the date the food handler training provider was found to be non-compliant.

(8) An approved food handler training provider shall comply with the Americans with Disability Act (ADA) access requirements irrespective of the size of the training operation.

 

KEY: food handler training, food handler certificates, food handler permits, food handler testing

Date of Enactment or Last Substantive Amendment: 2013

Authorizing, and Implemented or Interpreted Law: 26-1-30(2); 26-15-5; 26A-1-114(1)(h)

 

---